Exemption Class I

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • #20577
    Anonymous
    Guest

    I have a gentleman who left his property in August 2004 to live in sheltered accommodation. He was assessed in the community with regard to appropriate accommodation as he was at risk and very vulnerable due to his level of short term memory. He is currently living in very sheltered accommodation and has been awarded an SMI exemption on his new address. The accommodation has a warden and he is in receipt of high level care 3 times a day from Social Serivces home carers to asist with tasks of daily living as he would be at risk of neglecting those tasks if assistance was not offered. His previous address is now unoccupied and unfurnished since May 2005 and has been put up for sale.

    Would you grant an exemption Class I from the date he moved into the very sheltered accommodation?

    #3209
    gerryg
    Participant

    Hi Sharon

    To get the Class I exemption the gentleman must have been absent for the same reason throughout.

    [quote:83d6afd508](a) has his sole or main residence in another place (not being a hospital, residential care home, nursing home, mental nursing home or hostel within the meaning of paragraphs 6, 7 or 8 of Schedule 1 to the Act) for the purpose of receiving personal care required by him by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and

    (b) [b:83d6afd508]has been a relevant absentee for the whole of the period since the dwelling last ceased to be his residence[/b:83d6afd508];
    [/quote:83d6afd508]

    You must either award Class I exemption from the date he vacated or not at all.

    #3210
    Anonymous
    Guest

    Hi Gerry,

    The query really concerned whether an exemption Class I was applicable because he has not gone to live with someone else in order to receive care. He lives alone in sheltered accommodation where care workers are provided 3 times a day. Can we class the sheltered accommodation as an ‘institution’ and award Class I exemption for this reason?

    The people that run the sheltered accommodation have advised that it used to be a care home but is no longer. It is made up of 40 self-contained flats in a block for independant living with individual carers for individual tenants some have carers in attendance 3 times a day and some just have the warden call on them once a week. The level of care and support they require is set out by Social Services.

    Given the circumstances would you award an exemption Class I from August 2004 or not?

    From May 2005 there has been a change in circumstances and the property is now unoccupied and unfurnished and up for sale. Would you therefore grant an exemption Class C or continue to award Class I?

    #3211
    gerryg
    Participant

    Hello again

    There is nothing in the regulation to say that they must have gone to live with another person in order to receive personal care, just that they must have their SMR in another place in order to receive personal care.

    If you are satisfied that he has been receiving personal care from the day he left then you can award the exemption under class I.

    If you classify the place he is living as an ‘institution’, by which I assume you mean a care home etc, then it would fall under class E.

    The fact that the property is now unfurnished may, or may not, be relevant.

    1. If you award either class I or E exemption it doesn’t matter whether it is furnished or not as the main reason it is unoccupied is because of the care/care home issue and that exemption applies for as long as he remains a relevant absentee.

    2. If you decide that you shouldn’t award class I or E then his property would be classed as just unoccupied. He would be liable for a 50% council tax while it remained furnished (or different if you have locally set discounts) and would then go to class C from whenever the furniture was removed making it vacant. Six months after that it would revert to long-term empty and again attract 50% council tax (again subject to locally set discounts).

    If you decide that option 2 is applicable you still have the power to reduce the liability to nil under S13A (S76 LGA 2003).

    Hope that helps

Viewing 4 posts - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.